(A) A licensee shall retain consumer electronic devices received at an automated kiosk at a secure location designated on the license for at least 30 calendar days after submitting the complete report to the town required under § 112.03 of this chapter. Any consumer electronic device held in custody pursuant to this section shall not be altered or transformed in any way, but shall be held in the same condition in which it was received by the automated kiosk.
(B) Consumer electronic devices retained at a designated location(s) under this section are subject to return and inspection by the town during regular business hours of the location or, at a minimum, during the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday.
(C) Within 24 hours of a request by the town’s Police Department or law enforcement agency, the licensee shall comply with a request to open the automated kiosk to allow the law enforcement agency the opportunity to inspect the accessory bin and review any data that records transactions.
(D) Upon being advised by a representative of the town’s Police Department that there is probable cause to believe a consumer electronic device in the possession of the licensee is stolen or was used in the perpetration of a crime, the licensee operating the automated kiosk shall, upon request by the town’s Police Department or other law enforcement agency:
(1) Within three calendar days, surrender such consumer electronic device to the law enforcement agency and the law enforcement agency shall provide a seized property receipt for the consumer electronic device; or
(2) At the sole discretion of the requesting law enforcement agency, the consumer electronic device may be retained within the place of business on an investigative hold for a period not to exceed 90 calendar days; during that time period, law enforcement may seize the consumer electronic device upon providing the licensee appropriate notification of the seizure and making arrangements to take physical custody of the consumer electronic device. The licensee shall produce the consumer electronic device at reasonable times and places, or may deliver the consumer electronic device to a representative of the law enforcement agency.
(E) The investigative hold shall be effective immediately upon oral or written notice to the licensee. If the hold is placed orally, it shall be followed by a written notice mailed to the licensee operating the automated kiosk within five calendar days.
(F) A licensee shall not sell, transfer, exchange or otherwise dispose of any consumer electronic devices in violation of this section.
(Ord. 18-07, passed 7-10-2018)